Criminal Justice and Public Order Act 1994 (c. 33)

Part V E+W Public Order: [F1 Unauthorised encampments and] Collective Trespass or Nuisance on Land

Textual Amendments

F1 Words in Pt. 5 heading inserted (E.W.) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 83(2), 208(5)(i)

Powers to remove trespassers on land E+W+S

62 Supplementary powers of seizure. E+W+S

(1) If a direction has been given under section 61 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse—

(a) failed to remove any vehicle on the land which appears to the constable to belong to him or to be in his possession or under his control; or

(b) entered the land as a trespasser with a vehicle within the [F2 prohibited period],

the constable may seize and remove that vehicle.

[F3 (1A) The prohibited period is—

(a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;

(a) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.]

(2) In this section, “trespasser” and “vehicle” have the same meaning as in section 61.

Textual Amendments

F2 Words in s. 62(1)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 84(8)(a), 208(5)(i) (with s. 84(12))

F3 S. 62(1A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 84(8)(b), 208(5)(i) (with s. 84(12))